Fred Bassett v MBNA

[davefirewalker]

Morning all. I need to send a follow up letter to MBNA regarding their failure to provide me with a properly-executed agreement.

 

I've looked all through the templates library and can't find one. Is their one?, if so, could somebody please point me in the right direction.

 

Many thanks.

 

Fred

 

something like..........

 

please edit to suit

 

I refer to my letters dated XXXXXXXX which was delivered via recorded delivery to your offices on XXXXXXXX, and my follow up letter dated XXXXXXXX.

 

In my letter xxxxxxI made a formal request for a copy of the signed, executed credit agreement for the above numbered XXXXXXXX account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

 

Failure to respond favourably to this letter within seven (7) days of receipt will result in immediate litigation being commenced against your company without further notice.

 

I await your rapid response.

 

 

 

rgds

 

Dave

[Cornucopia]

Morning all. I need to send a follow up letter to MBNA regarding their failure to provide me with a properly-executed agreement.

 

I've looked all through the templates library and can't find one. Is their one?, if so, could somebody please point me in the right direction.

 

Many thanks.

 

Fred

 

Hi Fred, this does, indeed, look like an application form.

 

What they will probably do now is send out a separate set of T&C's, but you must check these very carefully. Mr Corn's account was from 96' the T&C's they sent out were from 2003. They have also attempted to convert a credit card mailer into a consumer credit agreement. This is obviously very suspect!

 

The letter Dave has posted is fine. When you receive a response, post back immediately. I am sorry I have been away this weekend, hence missing your earlier postings.

 

Please feel free to PM if you don't get an immediate response!

 

Regards,

 

Corn x:)

[Fred Bassett]

My thanks to Dave & Cornucopia. I presume I have to wait until the original 12 days (+2) are up. One more question - what is a credit card mailer?

 

Cheers.

 

Fred

[davefirewalker]

My thanks to Dave & Cornucopia. I presume I have to wait until the original 12 days (+2) are up. One more question - what is a credit card mailer?

 

Cheers.

 

Fred

 

 

I'ts what you normally get with your card attached....it contains their pathetic attempt at an agreement. This is what they try to send you to say that they have complied....

 

dont forget its 12 working days

 

Dave

[Fred Bassett]

Dave,

 

Thanks. I've worked it out at 12 working days, plus I'll add 1 for the bank holiday (not that the buggers deserve one) and 2 for postage. Quite why though is beyond me - it's not like these gits give you a break from the aggravation at weekends is it?

 

Regards.

 

Fred

[Fred Bassett]

Just thinking ahead on this one. I currently have my debts sorted by way of a DMP with the CCCS. I read something on a thread recently that the CCCS were not keen on stopping payment to a single creditor (amongst many).

 

Does anyone have any experience of this and how it would work? For instance, would the CCCS reduce the payment I make to them, would they increase the payments to my other creditors as a result or would they put the funds that would have been made to MBNA in some kind of holding account? I don't see how I can apply pressure to MBNA unless I stop payment, so if anybody else who has a DMP (Particularly with the CCCS) can advise then I would be most grateful.

 

Thanks.

 

Fred

[Cornucopia]

Just thinking ahead on this one. I currently have my debts sorted by way of a DMP with the CCCS. I read something on a thread recently that the CCCS were not keen on stopping payment to a single creditor (amongst many).

 

Does anyone have any experience of this and how it would work? For instance, would the CCCS reduce the payment I make to them, would they increase the payments to my other creditors as a result or would they put the funds that would have been made to MBNA in some kind of holding account? I don't see how I can apply pressure to MBNA unless I stop payment, so if anybody else who has a DMP (Particularly with the CCCS) can advise then I would be most grateful.

 

Thanks.

 

Fred

 

Hi Fred, PM dpick, I am sure he has got this one sussed!!!

 

Regards,

 

Corn x:)

[Fred Bassett]

Thanks, I've just done that.

 

Fred.

 

ps: You've got to agree, those basset hound ears are just adorable!

[lazybones]

Fred

 

Thanks for the click

 

Watch out for corny, she likes to stalk people from what I've read:p

[Fred Bassett]

My pleasure lazybones. I've been a bit consumed with my own stuff to even think of it before.

 

I do enjoy this board - it's weird really, I'm on here for a serious reason but I keep finding myself diverted to other threads, some of them are really quite inspiring.

 

I'll look out for Cornucopia as advised!.

 

Cheers.

 

Fred

[dpick]

Thanks, I've just done that.

 

Fred.

 

ps: You've got to agree, those basset hound ears are just adorable!

 

Hi Fred just replyed to your PM the point I am at is MBNA have now commited offence will PM you tomorrow when I have got more advice re my fight with MBNA the more that get at them the better.

 

dpick:p

[dpick]

Hi Fred, PM dpick, I am sure he has got this one sussed!!!

 

Regards,

 

Corn x:)

 

Hey come on corn me have something sussed ave only ad 1 bottle.

dpick:p

[Fred Bassett]

Thanks for that dpick, I've just replied to your PM.

 

Fred.

[Fred Bassett]

Just a quick question. At what point can I stop payment to MBNA? Is it after the 12 working days or the 12 working days + 1 calendar month?

 

Thanks.

 

Fred

[davefirewalker]

After 12 working days they are in default and can't enforce the agreement until they produce it.

 

you can then stop paying

 

Dave

[Fred Bassett]

After 12 working days they are in default and can't enforce the agreement until they produce it.

 

you can then stop paying

 

Dave

 

Thanks for that Dave, sounds like the right answer to me!.

 

I haven't written back to them regarding their non-compliance yet and I think I ought to do so. Would you warn them that you weren't going to pay or just do it?

 

Cheers.

 

Fred

[davefirewalker]

Hi

 

I WOULD write to them stating something like....

 

Dear sirs you have not fully complied with my request, in that the copy document is illegible, not only that but it appears to be an application form.

 

if you are trying to pass this off as an properly executed agreement, then it has failed on a number of points....

 

it is missing several PRESCRIBED terms

The creditors signature has gone right across mine in contravention of the 1983 agreements regulations reg 6 (3)b

 

Signing of agreement

6.—(l) The terms specified in Column 2 of Schedule 6 to these Regulations in relation to the type of regulated agreement referred to in Column I (and no other terms) are hereby prescribed for the purposes of section 61(l)(a) of the Act (the terms which must be contained in a document if a regulated agreement is not to be improperly executed) and of section 127(3) (the terms which must be contained in a document before any enforcement order can be made under section 65(1), if section 61(l)(a) was not complied with).

 

(2) The lettering of the terms of the agreement included in the document referred to in section 6l(l)(a) of the Act, containing all the prescribed terms of the regulated agreement, and of the information contained in that document for the purpose of conforming to these Regulations shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the colour of the paper.

 

(3) The signature of the said document shall be made in the following manner—

 

(a) by the debtor or hirer, or by or on behalf of the debtor or hirer in the case of a partnership or an unincorporated body of persons, in the space in the document indicated for the purpose, and, subject to sub¬paragraph © below, the date of the signature shall be inserted in the space in the document indicated for the purpose;

 

(b) by the creditor or owner, or by a person on his behalf, outside any signature box in which the debtor or hirer may sign and, subject to sub-paragraph © below, the date of the signature shall be inserted outside any such signature box;

 

© in the case of a regulated agreement which is not a cancellable agreement, the date on which the unexecuted agreement becomes an executed agreement may be inserted in the document and in such a case any other date specified in paragraphs (a) and (b) above need not be inserted; and

 

I would demand that you now send me my properly executed and signed agreement in a legible form with all the prescribed terms upon it.

 

If you cannot, the alleged agreement that you now hold would appear to unenforceable, And as such I have stopped all payments until you can produce the properly formatted agreement.

 

please bear in mind that one month after your default you have committed an offence, and i will use my perogative to inform the regulatory bodies and call into question your fitness to hold a consumer credit license.

 

I hope to hear from you by return

 

yours etc

 

=====================

 

any good ?

 

dave

[Fred Bassett]

Dave,

 

That looks good to me - thank you. I'll type this up and send it by registered post on Wednesday - that will allow for the 12 working days, 1 bank holiday and 2 days for postage. Then I'll have to tackle the CCCS - got a feeling they won't be too happy.

 

I'll let you know how I get on.

 

Off to bed now for an early night - knackered and slightly tipsy.

 

Cheers.

 

Fred

[davefirewalker]

yup me too ...one bottle of merlot down and more to come...i often wonder how i can give advice like this...

 

Dave

[Fred Bassett]

Well it's 2 days to go for me before I can stop paying MBNA - I feel a bit nervous about doing this but it's the only way.

 

Can anyone let me know of their experience in taking this step? For instance, will they sell it on to a DCA? - just reading something about MBNA and Link Financial, what a bunch of b*st*rds they are. I've got no problems really but my OH is worried about debt collectors calling. It's hard to put her mind at rest because I can't put my hand on my heart and say it won't happen. I do know that if it does happen they will go away with nothing but a flea in their ear (an axe would be better but unfortunately that's illegal, plus I don't have one). One good thing is that my dear lovely wife is a real fighter - never gives up. I think it's something to do with the fact that she's only 4'10". Short-*rsed people always seem to be aggressive when riled!

 

Any advice would be greatly appreciated as usual.

 

Fred

[davefirewalker]

if they have defaulted they cant sell it on, they cant default you, they cant take you to court, and cant do ANYTHING....

 

they are in trouble! (until they do produce it )

 

Dave

[Fred Bassett]

Cheers Dave, just getting a little nervous - it helps to know that you've got a strong case. That won't stop MBNA behaving stupidly - I've seen from other threads that they don't seem to be bothered by breaking the law, but I'll know better how to handle it.

 

I'll keep you posted.

 

Regards.

 

Fred

[Josie8]

Hi Fred I have CCA'd MBNA too but while I was "rooting" through old papers found a copy of my MBNA agreement which looks extremely similar to yours....................just waiting for the postman to deliver their missive to me to see what theirs show.................

[Fred Bassett]

Hi Fred I have CCA'd MBNA too but while I was "rooting" through old papers found a copy of my MBNA agreement which looks extremely similar to yours....................just waiting for the postman to deliver their missive to me to see what theirs show.................

 

Thanks Josie, I wouldn't tell MBNA about it if I were you. Did you apply directly to MBNA?

 

Regards.

 

Fred

[Josie8]

Yes it was sent to their address at Cheshire Towers lol! Must admit I'm finding it hard to decide what is or isn't a properly executed agreement.......................so many threads to follow and there appears so many get out clauses for the lenders............